| [2024] FWCA 3308 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Aboriginal And Torres Strait Islander Community Health Service Brisbane Limited T/A Aboriginal And Torres Strait Islander Community Health Service Brisbane Limited
(AG2024/2898)
JIMBELUNGA NURSING CENTRE - NURSES AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2024
| Aged care industry | |
| COMMISSIONER YILMAZ | MELBOURNE, 19 SEPTEMBER 2024 |
Application for approval of the Jimbelunga Nursing Centre - Nurses and Support Services Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Jimbelunga Nursing Centre - Nurses and Support Services Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aboriginal And Torres Strait Islander Community Health Service Brisbane Limited T/A Aboriginal And Torres Strait Islander Community Health Service Brisbane Limited. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Australian Workers’ Union, the Australian Nursing and Midwifery Federation, and the Health Services Union, each being a bargaining representative for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers each organisation.
The Agreement is approved and in accordance with s.54, will operate from 26 September 2024. The nominal expiry date of the Agreement is 31 August 2026.
COMMISSIONER
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Annexure A
- AGLC
- Aboriginal And Torres Strait Islander Community Health Service Brisbane Limited T/A Aboriginal And Torres Strait Islander Community Health Service Brisbane Limited [2024] FWCA 3308
- Case
- [2024] FWCA 3308
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved whether the enterprise agreement met the requirements of the Fair Work Act, particularly sections concerning the fairness test and the procedural fairness of the bargaining process. The applicants needed to demonstrate that the agreement was not contrary to the objectives of the Act and that the bargaining process was conducted fairly. Additionally, the Commission had to consider whether the agreement provided for a fair and reasonable outcome for both employees and the employer.
The Commission examined the agreement in detail, assessing its provisions against the legislative criteria. The applicants provided evidence of the bargaining process, including the negotiation history and the efforts made to achieve a consensus. The Commission found that the agreement was consistent with the objectives of the Fair Work Act and that the bargaining process was conducted fairly. The terms of the agreement were deemed to be fair and reasonable, providing appropriate protections and benefits to both the employees and the employer. Based on this analysis, the Commission approved the enterprise agreement.
The Fair Work Commission approved the Jimbelunga Nursing Centre - Nurses and Support Services Enterprise Agreement 2024, effective from the date of the decision. The approval ensures that the agreement will govern the terms and conditions of employment for the relevant staff at the nursing centre, subject to the provisions of the Fair Work Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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